SECTION 2 BOARD OF EDUCATION (policy numbers without corresponding policies are intentional and are available for future policy assignment) Governance 2-10 School District Governance 2-20 Powers and Duties of the Board Board Member 2-30 Board of Education Elections 2-40 Board Member Qualifications 2-50 Board Member Term of Office 2-60 Board Member Removal from Office 2-70 Vacancies on Board - Filling Vacancies 2-80 Board Member Ethics 2-90 Board Self-Evaluation 2-100 Board Member Conflict of Interest 2-110 Board Officers 2-120 Board Member Development 2-125 Board Member Expenses Board Relationships 2-130 Board-Superintendent Relationships 2-140 Communications to and from the Board 2-150 Committees 2-160 School Attorney 2-170 School Architect and other Professionals 2-180 (Open) Board Meetings 2-190 Mailing Lists for Receiving Board Material 2-200 Types of Board of Education Meetings 2-210 Organizational Board Meetings 2-220 Board of Education Meeting Procedure 2-230 Public Participation at Board Meetings Board Policy 2-240 Board Policy Development Board Records 2-250 Access to District's Public Records 2-250R Procedure Access to District’s Public Record Uniform Grievance Procedure 2-260 Uniform Grievance Procedure Board of Education Policy 2-10 Page 1 of 1 BOARD OF EDUCATION SCHOOL DISTRICT GOVERNANCE New Trier Township High School District 203 is governed by a Board of Education consisting of seven members. The Board is a body politic authorized by the State of Illinois and receives its authority from the Constitution of the State of Illinois, The School Code of Illinois, and from such laws and statues as are passed by the General Assembly. The Board’s powers and duties include the broad authority to adopt and enforce all necessary policies for the management and government of the District’s programs and facilities. Legal Reference: 105 ILCS 5/10-1 105 ILCS 5/10-10 105 ILCS 10-20.5 Adopted: 6/23/94 Revised: 8/24/98 Affirmed: 3/20/2006 Board of Education Policy 2-20 Page 1 of 1 BOARD OF EDUCATION POWERS AND DUTIES OF THE BOARD The Board of Education is a legal body created by law and empowered by The School Code of Illinois, and as such has complete and final authority, when acting as a body, over all matters attending the operation of the School District. Board members acting as individuals have no authority over District affairs. The Board will adopt all policies for the operation and content of school programs, employment of personnel, allocation of resources and maintenance of facilities. The Board shall have such other powers and duties that are authorized and/or prescribed by law. Legal Reference: 105 ILCS 5/10-20 105 ILCS 5/10-21 105 ILCS 10-22 Adopted: 6/23/94 Revised: 8/24/98 Affirmed: 3/20/2006 Board of Education Policy 2-30 Page 1 of 1 BOARD OF EDUCATION BOARD OF EDUCATION ELECTIONS The Board of Education elections are governed by the general election laws of the State. Members of the Board are elected to four-year terms at the consolidated election established by The School Code of Illinois and the Illinois Election Code in oddnumbered years. The Board is comprised of seven members. Legal Reference: 105 ILCS 5/9-1 et seq. 10 ILCS 5/2A-1.1 10 ILCS 5/2A-48 Adopted: 6/23/94 Revised: 8/24/98 Revised: 3/20/2006 Board of Education Policy 2-40 Page 1 of 1 BOARD OF EDUCATION BOARD MEMBER QUALIFICATIONS A Board of Education member must be, on the date of election, a United States citizen at least 18 years of age, a resident of Illinois and the District for at least one year immediately preceding election, and a registered voter. A Board member may not be a school trustee nor a school treasurer and may not hold a public or elective office that is incompatible with Board membership, and may not be a child sex offender as defined by State law. A Board member must have filed an economic interest statement as required by the Illinois Government Ethics Act. Legal References: Ill. Const., Art. 2, para. 1; Art. 4, para. 2(e); Art. 6, para. 13(b); 105 ILCS 5/10-3 105 ILCS 5/10-10 Adopted: 6/23/94 Revised: 8/24/98 Revised: 3/20/2006 Board of Education Policy 2-50 Page 1 of 1 BOARD OF EDUCATION BOARD MEMBER TERM OF OFFICE The term of office for a Board of Education member is a four-year term beginning within twenty-eight days after the consolidated election held in odd-numbered years, or as otherwise provided by law. Legal References: 105 ILCS 5/10-10 105 ILCS 5/10-16 105 ILCS 5/2A-1.1 105 ILCS 5/2A-48 Adopted: 6/23/94 Revised: 8/24/98 Revised: 3/20/2006 Board of Education Policy 2-60 Page 1 of 1 BOARD OF EDUCATION BOARD MEMBER REMOVAL FROM OFFICE If a majority of the Board of Education determines that a Board Member has willfully failed to perform his or her official duties, it may request the Regional Superintendent to remove such member from office. Legal Reference: 105 ILCS 5/3-15.5 Adopted: 6/23/94 Affirmed: 3/20/2006 Board of Education Policy 2-70 Page 1 of 2 BOARD OF EDUCATION VACANCIES ON BOARD — FILLING VACANCIES Vacancy Elective office of a Board of Education member becomes vacant before the term’s expiration when any of the following occurs: 1. death; 2. resignation in writing filed with the Secretary of the Board; 3. legal disability; 4. conviction of an infamous crime, or of any offense involving a violation of official oath; 5. removal from office; 6. the decision of a competent tribunal declaring his or her election void; 7.ceasing to be an inhabitant of a particular area from which he or she was elected, if the residential requirements contained in The School Code of Illinois are violated; or 8. an illegal conflict of interest; or 9. acceptance of a second public office that is incompatible with School Board membership. Filling Vacancies Whenever a vacancy occurs, the remaining members shall notify the Regional Superintendent of Schools of that vacancy within five working days after its occurrence. Policy 2-70 Pate 2 of 2 The Board shall publicize the vacancy and accept resumes from District residents who are interested in being appointed to fill the vacancy and who meet the legal qualifications to be a Board member. After reviewing these resumes, the Board may invite the prospective candidates for a personal interview to be conducted during a duly closed meeting. The Board shall fill the vacancy within 45 working days after it occurred by a public vote at a meeting of the Board. If the vacancy occurs with 868 days or more remaining in the term, the person shall serve until the next regular Board election, at which time, a successor shall be elected to serve the remainder of the unexpired term. However, if the vacancy occurs with less than 868 days remaining in the term, the person so appointed shall serve the remainder of the unexpired term, and no election to fill the vacancy shall be held. Members appointed by the remaining members of the Board to fill vacancies shall have the same residential qualifications as their predecessors. Legal References: 105 ILCS 5/10-10 105 ILCS 5/10-11 Adopted: 6/23/94 Revised: 8/24/98 Revised: 3/20/2006 Board of Education Policy 2-80 Page 1 of 2 BOARD OF EDUCATION BOARD MEMBER ETHICS The Board of Education adopts the Illinois Association of School Boards’ “Code of Conduct for Members of School Boards” and directs the Superintendent to display a copy of the Code in the Board Room. The Code is as follows: Each member of the New Trier Township High School District 203 Board ascribes to the following code of ethics: 1. I shall represent all District constituents honestly and equally and refuse to surrender my responsibilities to special interest or partisan political groups. 2. I shall avoid any conflict of interest or any appearance of impropriety which could result from my position, and shall not use my Board membership for personal gain or publicity. 3. I shall recognize that a Board member has no legal authority as an individual and that decisions can be made only by a majority vote at a Board meeting. 4. I shall take no private action that might compromise the Board or administration and shall respect the confidentiality of privileged information. 5. I shall abide by majority decisions of the Board, while retaining the right to seek changes in such decisions through ethical and constructive channels. 6. I shall encourage and respect the free expression of opinion by my fellow Board members and others who seek a hearing before the Board. 7. I shall be involved and knowledgeable about local educational concerns as well as State and national issues. In addition, I shall encourage my Board to pursue the following goals: Policy 2-80 Page 2 of 2 1. The development of educational programs which meet the individual needs of every student, regardless of ability, race, sex, religion, national origin, ancestry, age or handicap; 2. The development of procedures for the regular and systematic evaluation of programs, staff performance and Board operations to ensure progress toward educational and fiscal goals; 3. The development of effective Board policies which provide direction for the operation of the School District’s programs and facilities and delegate authority to the Superintendent for their administration; 4. The development of systematic communications which ensure that the Board, administration, staff, students and community are fully informed and that the staff understands the community’s aspirations for its School District; and 5. The development of sound business practices which ensure that all expenditures are consistent with New Trier’s academic goals, philosophy and motto, and are within the financial constraints of the community. Adopted: 6/23/94 Revised: 8/24/98 Revised: 11/20/2006 Board of Education Policy 2-90 BOARD OF EDUCATION BOARD SELF-EVALUATION The Board of Education shall conduct annual self-evaluations. Adopted: 6/23/94 Revised: 3/20/2006 Page 1 of 1 Board of Education Policy 2-100 Page 1 of 1 BOARD OF EDUCATION BOARD MEMBER CONFLICT OF INTEREST No Board of Education member shall have a beneficial interest directly or indirectly in any contract, work, or business of the District unless permitted by statute. Abstaining on a vote or absence from the meeting when a vote is taken does not negate an otherwise illegal conflict of interest. Board members must annually file a “Statement of Economic Interests” as required by the Illinois Government Ethics Act. Each Board member is responsible for filing the statement with the county clerk of the county in which the Board member resides by May 1. Legal References: 50 ILCS 105/3 105 ILCS 5/10-9 5 ILCS 420/4A-101, 420/4A-105/ 420/4A-106 and 420/4A-107 Adopted: 6/23/94 Affirmed: 3/20/2006 Board of Education Policy 2-110 Page 1 of 2 BOARD OF EDUCATION BOARD OFFICERS At each annual organization meeting of the Board of Education held after the consolidated election in odd-numbered years, and during the regular meeting in the alternate April, the Board shall elect a President, Vice President and a Secretary to serve until the next board officer election. In the absence of the President, the Vice President shall be appointed the President Pro Tem. In the absence of the President and Vice President, a President Pro Tem shall be elected by the members present. In the absence of the Secretary at the Board meeting, the President or President Pro Tem shall appoint a Board member as Secretary Pro Tem for the meeting. President The President of the Board shall preside at all meetings, appoint special and standing committees and perform such other duties as are provided by law. The President shall execute all documents on behalf of the Board, except as otherwise provided by law or by special action of the Board. Vice President The Vice President of the Board shall perform the duties of the President if the Office of President is vacant; the President is absent; or the President is unable to perform the office’s duties. The Vice President shall perform other duties imposed by the Board. Secretary The Secretary of the Board shall keep all minutes; prepare with the assistance of Board counsel all legal documents; make all necessary and legal arrangements for the conduct of public referendums pertaining to site acquisition, building construction, tax rates, annual elections and any and all special elections which may be required to be held by action taken by the Board. The Secretary shall perform other duties as are provided by law or imposed by the Board. Board of Education Policy 2-110 Page 2 of 2 The Secretary may receive such compensation not to exceed $500 per year, as fixed by the Board. Treasurer The treasurer for the District shall be appointed by the Board. The Treasurer shall: (i) Furnish a bond which shall be approved by a majority of the Board of Education; (ii) maintain custody of school funds; (iii) maintain records of school funds and balance; (iv) prepare a monthly reconciliation report for the Superintendent and the Board; (v) receive, hold and expend District funds only upon the order of the Board; and (vi) perform other duties as enumerated in the school Code of Illinois. Legal References: Revised: Revised: Revised: Revised: Revised: Revised: 105 ILCS 5/10-1 et seq, 5/8-1, 8-2, 8-3, 8-6, 8-16, 8-17, 5/10-1, 10-5, 10-7, 10-8, 10-23, 10-14, 5/17.1 10/19/81 11/10/87 6/23/94 8/24/98 9/21/99 3/20/2006 Board of Education Policy 2-120 Page 1 of 1 BOARD OF EDUCATION BOARD MEMBER DEVELOPMENT Board of Education members shall have an equal opportunity to attend local area, state, and national meetings designed to familiarize members with public school issues, governance, and legislation. Pertinent educational materials, publications, and notices of training or development will be made available to Board members through Board packets, direct mail, or other distribution method. New Board Member Orientation The Superintendent shall provide a newly elected Board member with a copy of The School Code of Illinois, the Board Policy Manual, and the minutes of the Board meetings of the past six months. Additional materials explaining the powers and duties of the Board and operation of the District will be provided. A meeting of the Board President, the Superintendent and the new member will be arranged by the Superintendent for the purpose of answering questions and acquainting the member with the District. New members will be encouraged to attend workshops for new members conducted by school board associations. Adopted: 6/23/94 Affirmed: 3/20/2006 Board of Education Policy 2-125 Page 1 of 1 BOARD OF EDUCATION BOARD MEMBER EXPENSES Board of Education members may not receive compensation for their services. Board members may attend conferences and meetings as provided by law. Reimbursement will be for actual and necessary expenses incurred. Board members will also be reimbursed for expenses incurred in the performance of duties or the provision of services rendered to the organizations and associations with which the School District is affiliated or maintains membership. No money shall be advanced or reimbursed for the expenses of any person except the Board member. Legal Reference: 105 ILCS 5/10-22.32 Adopted: 6/23/94 Revised: 8/24/98 Affirmed: 3/20/2006 Board of Education Policy 2-130 BOARD OF EDUCATION Page 1 of 3 BOARD-SUPERINTENDENT RELATIONSHIPS It is the policy of the Board of Education to differentiate as much as possible between the Board as the body which establishes the policy and the Superintendent as one who recommends, advises and executes, recognizing that the ultimate responsibility for the School District is in the Board. The objective of this policy is to clarify the roles and outline mutual responsibilities of both the Board and the Superintendent in order that an understanding and acceptance of respective functions may be reached. Board Responsibilities Superintendent Responsibilities 1. Select the Superintendent and advise 1. Act as the chief school administrator and support him or her in the and chief professional advisor of the discharge of his or her duties as chief Board, and be directly responsible to school administrator of the District. the Board for the effective, efficient operation of the School District’s programs and facilities. 2.Delegate to the Superintendent 2. Be responsible for the development of responsibility for all executive School District procedures, plans and functions, refrain from handling programs and by presentation of facts directly any administrative detail and and explanations assist the Board in its give the Superintendent authority duties. commensurate with his or her Provide the Board his or her professional responsibilities. recommendations on all problems and issues under Board consideration; be empowered to use discretionary judgment in situations not covered by Board policy or law but report any such significant decisions to the Board as soon as practical. 3. At least once every ten years, direct the Superintendent to develop a Strategic Plan in partnership with the community and approve the implementation of that plan. 3. Coordinate development and implementation of a Strategic Plan. Board Responsibilities 4. Appoint all District personnel upon the recommendation of the Superintendent and issue all orders affecting personnel through the Superintendent. The Board will provide sufficient personnel to properly conduct and administer the school educational program. New Trier Township High School District 203 is an equal opportunity employer and does not discriminate on the basis of race, color, religion, national origin, sex, sexual orientation, ancestry, age, marital status, physical or mental disability, unfavorable discharge from military service or any other characteristic protected by applicable law. Superintendent Responsibilities 4. Recommend personnel appointments, promotions, transfers, terminations. Delegate authority as necessary and appropriate, with the recognition that the Superintendent shall be responsible for the actions of all subordinates. 5. Approve salary schedules and personnel policies. 5. Advise on, and recommend personnel policies to the Board and assume responsibility for assignment of employees. 6. Adopt policies for operation of the District’s programs and facilities and assume responsibility for keeping such policies up-to-date by reviewing all policies at least once every five years. 6. Carry out all policies established by the Board except those having to do with the Board itself and advise the Board in regard to adoption or modification of policy. 7. Adopt an annual budget as required by law. Estimate the need for and levy taxes. Receive and review financial reports. Participate in long-range financial planning. 7. Prepare an annual budget for Board consideration and approval. Prepare and submit to the Board monthly and financial reports annual financial reports on the operation of the District’s programs and facilities. Organize and execute longrange financial planning. 8. Consider and approve expenditures as required by law. 8. Approve and direct all District expenditures within limits of law and Board policy. Board Responsibilities 9. Require from and discuss with the Superintendent regular reports concerning progress of the District, including reports on the achievement of pupils and staff. Superintendent Responsibilities 9. Make continuous studies of the progress and needs of the District and keep the Board fully and accurately informed on the District’s programs and facilities. 10. Consult with the Superintendent and provide a group judgment on all recommendations for extension or readjustment of the scope of educational activities and programs. Approve textbooks as required by law. 10. Provide leadership for the educational program of the District and in-service training of professional employees. Recommend textbooks for Board approval. Keep the Board informed on developments in the educational field. 11. Consider recommendations for additional capital outlays, adopt plans for capital improvements and determine means of financing them. 11. Develop plans for maintenance, improvements in or expansion of building and site facilities needed to provide for the District’s educational program. 12. Assume as a major responsibility representing the entire community with regard to the operation of the District’s programs and facilities. 12. Take the lead in establishing and maintaining good public and press relations for the District and for maintaining contact with state legislators. 13. Require the Superintendent’s presence at meetings of the Board except when the Superintendent’s employment is under consideration or when the Board has authorized his or her absence. 13. Prepare agendas for Board meetings and attend all such meetings except when the Superintendent’s employment is under consideration or when his or her absence has been authorized by the Board. 14. Approve all courses of instruction. 14. Recommend courses of instruction to the Board and implement such courses upon approval of the Board. Legal References: 105 ILCS 5/10-21.4 23 Il.Admn.Cd. § 1.210 Adopted: 6/23/94 Revised: 8/24/98 Revised: 11/20/2006 Board of Education Policy 2-140 Page 1 of 2 SCHOOL BOARD Communications to and from the Board Staff members, parents, and community members should submit questions or communications to the School Board through the Superintendent. Board members’ questions or communications to staff or about programs will be channeled through the Superintendent’s Office. 1 If contacted individually, Board members will refer the person to the appropriate channel of authority, except in unusual situations. Board members will not take private action that might compromise the Board or administration. Board Member Use of Electronic Mail 2 E-mail to, by and between Board members, in their capacity as Board members, shall not be used to conduct Board business. It shall be limited to: 3 1. Disseminating information; and 2. Messages not involving deliberation, debate, or decision-making. It may contain: 1. Agenda item suggestions; 2. Reminders regarding meeting times, dates, and places; 3. Board meeting agenda or public record information concerning agenda items; or 1 Required by 23 Ill.Admin.Code § 1.220. Currently, no Illinois appellate law deals specifically with Open Meetings Act (5 ILCS 120/1 et seq.) or Freedom of Information Act (5 ILCS 140/1 et seq.) implications of e-mail communications between school board members. 3 Complying with these 2 caveats will help avoid an Open Meetings violation. 2 Policy 2-140 Page 2 of 2 4. Responses to questions posed by the community, administrators, or school staff, subject to this policy’s first section. A Board member sending an e-mail concerning the District shall copy the Superintendent or designee, who shall store the message. There is no expectation of privacy for any messages sent or received by e-mail. Legal Reference: 23 Ill. Admin. Code § 1.220 Cross Reference: 2:220 (School Board Meeting Procedure), 3:30 (Line and Staff Relations), 8:50 (Visitors to the Schools), 8:110 (Public Complaints) Adopted: 11/87 Revised: 6/23/94 Revised: 5/20/02 Affirmed 3/20/2006 __________________________________________ 4 Optional; serves two purposes: expedites a records’ request response and causes self-policing among board members. Board of Education Policy 2-150 Page 1 of 1 BOARD OF EDUCATION COMMITTEES Board Committees The Board of Education may create Board committees, to assist with the Board’s governance functions, and in some situations, to comply with State law requirements. Board committees report directly to the Board. The President makes all Board committee appointments unless specifically stated otherwise; committees may include both Board members and non-Board members depending on the committee’s purpose. The President is an ex officio member of each committee, as is the Superintendent or designee, unless otherwise specified by the President of the Board. Board committee meetings, including the Committee of the Whole, shall comply with the Open Meetings Act. The Committee of the Whole and all other Board committees may not take final action on behalf of the Board; committees may only make recommendations to the Board. The public shall not have the right to address the committee during meetings but may do so with the permission of the committee. 1. Committee of the Whole From time to time, the Board of Education may meet as a Committee of the Whole. 2. Special Board Committees Special committees may be created for a specific purpose or to investigate a special issue. A special committee shall be automatically dissolved after presenting its final report to the Board or at the Board’s discretion. Citizen advisory committees may be used to interpret school needs to the community and to gather information from the community. 3. Standing Board Committees Standing committees may be created for an indefinite term to fulfill a continuing District need for investigation and monitoring of a specific issue. Nothing in this policy limits the authority of the Superintendent or designee to create and use committees that report to him or her or to other staff members. Legal References: 5 ILCS 120/1 et seq. 105 ILCS 5/10-20.14 and 10/1 et seq. Revised: 11/87 Adopted: 6/23/94 Affirmed: 3/20/2006 Approved: 8/23/2010 Board of Education Policy 2-160 Page 1 of 1 BOARD OF EDUCATION SCHOOL ATTORNEY Counsel for the Board of Education shall be selected by majority vote of the Board, from year to year, and may attend all public meetings of the Board. Adopted: 6/23/94 Affirmed: 3/20/2006 Board of Education Policy 2-170 Page 1 of 1 BOARD OF EDUCATION SCHOOL ARCHITECT AND OTHER PROFESSIONALS The Board of Education may select architects, engineers, land surveyors and other professionals to provide professional services to the District based on demonstrated competence and qualifications, and in accordance with State law. The person or representative from the firm selected shall meet with the Superintendent and the Board to discuss responsibilities and scope of services. Legal Reference: Adopted: 6/23/94 Revised: 8/24/98 Affirmed: 3/20/2006 0 ILCS 510/1 et seq. 105 ILCS 5/10-20.21 40 U.S.C. § 541 Board of Education Policy 2-190 Page 1 of 1 BOARD OF EDUCATION MAILING LISTS FOR RECEIVING BOARD MATERIAL The Superintendent shall maintain a mailing list of the names and addresses each year of persons who file a written request to be on such a list. Those persons shall be mailed copies of the following, provided they have pre-paid a subscription fee if so established by the Board: 1. Board Meeting Agenda; 2. Budgets 3. Audits 4. Official Board minutes (mailed within 10 days after approval) The subscription fee may be set annually to cover reproduction and mailing costs. The subscription period shall be the same as the District’s fiscal year. Documents Available Online After each Board of Education meeting, supporting documents presented to the Board at the meeting will be available to the public through the New Trier High School website (with any information protected by law from disclosure redacted from those documents). Legal Reference: 105 ILCS 5/10-21.6 Adopted: 6/23/94 Affirmed: 3/20/2006 Approved: 8/23/2010 ___________________________________________________________________________ Board of Education Policy 2-200 Page 1 of 4 BOARD OF EDUCATION TYPES OF BOARD OF EDUCATION MEETINGS Official action by Board of Education members must occur at a duly called and legally conducted meeting. “Meeting” is defined as any gathering of the majority of a quorum of Board members for the purpose of discussing School District business. A quorum of the Board must be physically present at all Board meetings. The Superintendent or designee shall satisfy all notice and posting requirements contained herein as well as in the Open Meetings Act. This shall include mailing meeting notifications to news media that have officially requested them and to others as approved by the Board. Regular Meetings All formal actions of the Board will take place at open meetings at which members of the general public and representatives of the news media are welcome. Meetings will be held at the District Office at times and on dates designated on a calendar adopted at the Board’s organizational meeting. The Board may change a regular meeting date or time by giving 10 days notice. A meeting agenda shall be posted at the District’s main office and the Board’s meeting room, as well as on both campuses, at least 48 hours before the meeting. Items not specifically on the agenda may still be considered during the meeting, but action may not be taken on the nonagenda item. Special Meetings Special meetings may be called by the President of the Board or any three members of the Board by giving notice thereof in writing, stating the time, place and purpose of the meeting. Such notice shall be served on Board members at least 48 hours before such meeting. Public notice of a special meeting is given by posting a notice at the District Office and at both campuses at least 48 hours before the meeting, and by notifying local news media which have filed a written request for notice, in the same manner as provided for the notification of Board members. A meeting agenda will accompany the notice. Only such business as specified in the Special Meeting agenda shall be discussed, considered, or brought before the Board. Policy 2-200 Page 2 of 4 Adjourned Meetings The Board may adjourn and reconvene a meeting to any fixed date for the completion of any unfinished business, except that no adjournment should be made to a date beyond the date of the next scheduled regular meeting. Public notice of an adjourned meeting shall be given in the same manner as that prescribed for a special meeting, except that no public notice is required when the meeting is to reconvene within 24 hours of the original meeting or when an announcement of the time and place of the adjourned meeting was made at the original meeting and there is no change in the agenda. If public notice of an adjourned regular meeting is given, all business may be transacted which would have been proper in the meeting from which adjournment was taken, including additions to the agenda. Emergency Meeting Public notice of emergency meetings shall be given as soon as practical, but in any event, before the meeting to news media that have filed a written request for notice. Closed Sessions The Board and Board committees may meet in a closed meeting to consider the following subjects: 1. The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 5 ILCS 120/2(c)(1). 2. Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. 5 ILCS 120/2(c)(2). 3. The selection of a person to fill a public office, as defined in the Open Meetings Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance. 5 ILCS 120/2(c)(3). 4. Evidence or testimony presented in open hearing, or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in the Open Meetings Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning. 5 ILCS 120/2(c)(4). 5. The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. 5 ILCS 120/2(c)(5). 6. The setting of a price for sale or lease of property owned by the public body. 5 ILCS 120/2(c)(6). Policy 2-200 Page 3 of 4 7. The sale or purchase of securities, investments, or investment contracts. 5 ILCS 120/2(c)(7) 8. Security procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. 5 ILCS 120/2(c)(8). 9. Student disciplinary cases. 5 ILCS 120/2(c)(9). 10. The placement of individual students in special education programs and other matters relating to individual students. 5 ILCS 120/2(c)(10). 11. Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 5 ILCS 120/2(c)(11). 12. The establishment of reserves or settlement of claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self insurance pool of which the public body is a member. 5 ILCS 120/2(c)(12). 13. Self evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the public body is a member. 5 ILCS 120/2(c)(16). 14. Discussion of minutes of meetings lawfully closed under the Open Meetings Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. 5 ILCS 120/2(c)(21). The Board may hold a closed meeting, or close a portion of a meeting, by a majority vote of a quorum, taken at an open meeting. The vote of each Board member present, and the reason for the closed meeting, will be publicly disclosed at the time of the meeting and clearly stated in the motion and the meeting minutes. No final Board action will be taken at a closed meeting. Policy 2-200 Page 4 of 4 Closed session meetings will be recorded on audiotape. Each recording will be retained for at least 18 months after it is created. After the 18 month retention period concludes, the recording will be destroyed if the Board approves both (1) the destruction of the recording and (2) the written minutes documenting the relevant closed session proceedings. Minutes and recordings will not be released if confidentiality is necessary to protect either the public interest or the privacy of an individual. Recordings will be made publicly available only after the Board’s approval or pursuant to a court order. Written minutes of closed session meetings must include the date, time, and place of the meeting, the members present and absent, and a summary of the matters discussed. At least every six months, the Board will review the minutes and recordings of all closed sessions not previously released and will decide which, if any, no longer require confidentiality and should be made available for public inspection. The Board will report the results of this review in open session. The Board will vote in open session to approve any minutes of closed session meetings and to destroy recordings of those sessions (after the 18 month retention period has expired). Information will not be disclosed under this policy if it would violate state or federal laws requiring the confidentiality or privacy of information, including student records, employment applications or personnel files, attorney-client communications, school security plans, and information exempt from disclosure under the Freedom of Information Act. The Board will implement procedures consistent with this policy. Posting on the District Website In addition to the other notices specified in this policy, the Superintendent or designee shall post the following on the District website: (1) the annual schedule of regular meetings, which shall remain posted until the Board approves a new schedule of regular meetings; (2) a public notice of all Board meetings; and (3) the agenda for each regular meeting Legal Reference: 5 ILCS 120/2.06 105 ILCS 5/10-6 and 5/10-16 23 Ill. Admin. Code § 1.210(b)(3) Revised: 4/10/78 Revised: 6/23/94 Revised: 8/24/98 Revised: 12/15/03 Affirmed: 3/20/2006 Approved: 8/23/2010 1 OF 1 RECORD OF CLOSED SESSIONS PROCEDURES Providing recording devices. Before every meeting, the Superintendent will ensure that an audio recording device and all necessary accompanying items are available to the Board in the event the Board finds it necessary to meet in closed session. Responsibility for recording. During a closed session meeting, the Board Secretary will be responsible for recording closed session meetings by audiotape. If the Board Secretary is not present, the Board President or presiding officer will assume this responsibility. The person making the recording will be responsible for labeling the recording with the date and storing it in a secure location in the Superintendent’s Office. Storing recordings. The Superintendent will ensure that a secure place in his or her Office is provided for the storage of any recordings of closed session meetings. Creating and approving closed session minutes. The Board Secretary will prepare minutes of each closed session meeting and will ensure the Board approves the minutes within six months of the meeting documented. Semi-annual review of closed session recordings and minutes. The Board Secretary will ensure the Board reviews the existing minutes and recordings of closed session meetings in a closed session portion of the regularly scheduled February and September Board meetings. The Board will determine and the Board Secretary or Board President will report in open session whether all or part of the minutes and recordings still require confidentiality, or are available for public inspection. Approving the destruction of recordings. The Board Secretary will also ensure the Board considers whether to destroy the recording of a closed session meeting no less than eighteen (18) months after that meeting and no more than two (2) years after that meeting. Destroying recordings. After the destruction of a recording has been properly approved, the Board Secretary will completely erase the recording. Source: 5 ILCS 120/2.06 Board Policy 2-200 Adopted: 12/15/03 Affirmed: 3/20/2006 Board of Education Policy 2-210 Page 1 of 1 BOARD OF EDUCATION ORGANIZATIONAL BOARD MEETINGS The Board of Education shall organize within seven days after a Board member election. To facilitate the organizational meeting, the following shall occur at a regular March meeting: 1. The Board shall establish a date for the organizational meeting. 2. The Board shall designate a president pro tem to convene the organizational meeting, appoint a temporary secretary, and conduct the election of Board officers. At the organizational meeting, the following shall occur: 1. The Board shall canvass the votes and declare the results of the election. 2. The new Board members shall be immediately seated, except as otherwise provided by law. 3. The Board shall elect its officers, who assume office immediately upon their election. 4. The Board shall fix the times and dates for its regular meetings for the following 12-month period. The Superintendent shall have the responsibility of preparing and making available the calendar of regular Board meetings in accordance with The School Code of Illinois. Legal Reference: Adopted: 6/23/94 Revised: 8/24/98 Revised: 3/20/2006 5 ILCS 120/2.03 105 ILCS 5/9-18, 5/10-5 and 5/10-16 10 ILCS 5/1-3, /2A-1.1, 5/22-17, 5/28 and 5/2A-48 Board of Education Policy 2-220 Page 1 of 4 BOARD OF EDUCATION BOARD OF EDUCATION MEETING PROCEDURE At each meeting of the Board of Education, the order of business normally will be as follows: I. II. III. IV. V. VI. VII. VIII. IX. X. Call to Order Closed Session Reconvene to Open Session Minutes Communications Special Orders of Business Administrative Items Consent Agenda Board Member Reports Board members’ calendar of events Agenda The School Board President is responsible for focusing the Board meeting agendas on appropriate content. The Superintendent shall prepare agendas in consultation with the Board President. The President shall designate a portion of the agenda as a consent agenda for those items that usually do not require discussion or explanation before Board actions. Upon the request of any Board member, an item will be withdrawn from the consent agenda for independent consideration. Items submitted by School Board members to the Superintendent or the President shall be placed on the agenda. District residents may suggest inclusions on the agenda. Such suggestions must be received by the Superintendent at least 7 days before the School Board meeting. Items not on the agenda may be discussed at the meeting; however, no action will be taken on such items. Policy 2-220 Page 2 of 4 The Superintendent shall provide a copy of the agenda, with adequate data and background information, to each School Board member at least 48 hours before each meeting, except a meeting held in the event of an emergency. The order of business at regular School Board meetings shall be determined by the Board President. Upon consent of a majority of members present, the order of business at any meeting may be changed. Voting Method Unless otherwise provided by law, when a vote is taken upon any measure before the School Board, with a quorum being present, a majority of the votes cast shall determine its outcome. When votes are entered in the minutes, “present” or “abstain” votes shall be recorded as such. A vote of “present” or “abstain” is counted with the majority of votes cast, unless otherwise provided for by law. On a tie vote, the motion is defeated. The sequence for casting votes shall be rotated. On all questions presented on the consent agenda, including those involving the expenditure of money and on all questions involving the closing of a meeting to the public, a roll call vote shall be taken and entered in the Board’s minutes. Minutes The Board Secretary shall keep written minutes of all School Board meetings, which shall be signed by the President and the Secretary. The minutes include: 1. The date, time and place of meeting; 2. School Board members recorded as either present or absent; 3. A summary of discussion on all matters proposed, deliberated, or decided and a record of any votes taken; 4. On all matters requiring a roll call vote, the “yeas” and the “nays” shall be recorded; 5. If the meeting is adjourned to another date, the time and place of adjourned meeting; 6. The vote of each member present when a vote is taken to hold a closed meeting or portion of a meeting and the reason for the closed meeting, with a citation to the specific exception contained in the Open Meetings Act authorizing the closed meeting; 7. A record of all motions, the member making the motion and the second; and 8. The type of meeting, including any notices and, if a reconvened meeting, the original meeting’s date. Policy 2-220 Page 3 of 4 The minutes shall be submitted to the School Board for approval or modification at the next regularly scheduled open Board meeting. Semi-annually, the Board shall meet in closed session to review the minutes from closed meetings that are currently unavailable for public release. The Board (1) reviews minutes from all closed meetings that are currently unavailable for public release, and (2) decides which, if any, no longer require confidential treatment and are available for public inspection. At the next Regular Board of Education Meeting, the Board will act in open session to determine whether all or part of the minutes and recordings still require confidentiality, or are available for public inspection. The official minutes are in the custody of the Board Secretary. Minutes of open meetings are available for inspection during regular office hours within 7 days after the Board’s approval, in the office of the Superintendent, in the presence of the Secretary, the Superintendent, or any member of the School Board. Minutes of closed meetings are likewise available if the School Board determines that it is no longer necessary to protect the public interest or the privacy of an individual by keeping them confidential. Only official minutes are available. The official record shall not be removed from the Superintendent’s office except by vote of the School Board or by court order. The Board’s open meeting minutes shall be posted on the District website within 7 days after the Board approves them. Verbatim Record of Closed Meetings The Superintendent, or the Board President when the Superintendent is absent, shall audio record all closed meetings. After the closed meeting, the Board Secretary shall label the recording with the date and store it in a secure location. The Board Secretary shall ensure that: (1) an audio recording device and all necessary accompanying items are available to the Board for every closed meeting, and (2) a secure location for storing closed meeting audio recordings is maintained close to the Board’s regular meeting location. After 18 months have passed since being made, the audio recording of a closed meeting is destroyed provided the Board approved (1) its destruction, and (2) minutes of the particular closed meeting. Quorum A quorum of the Board must be physically present at all Board meetings. A majority of the full membership of the School Board shall constitute a quorum. Policy 2-220 Page 4 of 4 Provided a quorum is physically present, a Board member may attend a meeting by video or audio conference if he or she is prevented from physically attending because of (1) personal illness or disability, (2) employment purpose or District business, or (3) a family or other emergency. If a member wishes to attend a meeting by video or audio means, he or she must notify the Board Secretary or Superintendent at least 24 hours before the meeting unless advance notice is impractical. The Board Secretary or Superintendent will inform the Board President and make appropriate arrangements. A Board member who attends a meeting by audio or video means, as provided in this policy, may participate in all aspects of the Board meeting including voting on any item. Broadcasting and Recording Board Meetings Any person may record or broadcast an open Board meeting. Requests for special needs, such as seating, writing surfaces, lighting, and access to electrical power, should be directed to the Superintendent at least eight hours before the meeting. Recording meetings shall not distract or disturb Board members, other meeting participants, or members of the public. The Board President may designate a location for recording equipment, may restrict the movements of individuals who are using recording equipment, or may take such other steps as are deemed necessary to preserve decorum and facilitate the meeting. Legal Reference: 5 ILCS 120/2 et seq. 105 ILCS 5/10-12, 5/10-16 Revised: 12/12/77 Revised: 6/23/94 Revised: 8/24/98 Revised: 3/20/2006 Approved: 8/23/2010 Board of Education Policy 2-230 Page 1 of 2 BOARD OF EDUCATION PUBLIC PARTICIPATION AT BOARD MEETINGS At each regular and special Board of Education meeting, opportunity will be provided for members of the public and District employees to speak to the Board, subject to reasonable constraints. . The individuals appearing before the Board are expected to follow these guidelines: 1. Speakers are to make known their desire to address the Board of Education by filling out and submitting a request card at the start of the meeting. The card will contain the individual’s name, address and phone number along with a brief indication as to the nature of the subject matter. 2. Speakers must abide by the rules of order governing such Board meetings and are asked to confine their remarks to no more than five minutes at the designated time. Normally, 30 minutes will be allowed in this portion of the meeting; however, this position may be altered at the discretion of the presiding officer. 3. Comments which are substantially repetitive of comments made by preceding speakers should be presented as briefly as possible or through a spokesperson for a group. 4. The Board President shall have the authority to determine procedural matters regarding public participation not otherwise defined in Board policy. 5. Questions and comments should address the Board of Education as a whole only. No comments should be directed to an individual Board member, audience, principals, or other staff members. 6. The Board of Education will not entertain charges or complaints against individual employees by persons who address it during a Board meeting. Rather, a charge of complaint against an employee must be in writing and signed by the person who makes it, and the Board of Education will refer any such charge or complaint for appropriate review, taking into consideration the procedural due process rights of the individual in question. 7. Speakers shall conduct themselves with respect and civility toward others and otherwise abide by Board policy. Policy 2-230 Page 2 of 2 At each regular Board of Education meeting, the Board will acknowledge any petitions or correspondence received by the Board since the last regular Board meeting. Legal Reference: 105 ILCS 5/10-16 Revised: 12/12/77 Revised: 6/23/94 Revised: 8/24/98 Revised: 3/20/2006 Revised: 9/20/2010 Board of Education Policy 2-240 Page 1 of 2 BOARD OF EDUCATION BOARD POLICY DEVELOPMENT The formulation and adoption of written policies is the basic method by which the Board of Education exercises its leadership. A “policy” is a statement adopted by the Board providing general guidance on a specific topic which can be implemented by administrative action or procedures. Preliminary Development Any Board member, the Superintendent, or any District citizen may propose new policies or changes to existing policies. Suggestions from staff members or organizations are processed through regular administrative channels. The Superintendent or his or her designee is responsible for: (1) notifying those who will be affected by a proposed policy and, when appropriate, obtaining their advice and suggestions, and (2) drafting policy recommendations into acceptable written form for further deliberation and/or action by the Board. The Superintendent or designee shall seek the counsel of the school attorney when there may be a legal question in a policy’s development. Policy Adoption Policies or policy revisions will not be adopted at the Board meeting at which they are introduced. Further Board consideration will be given at a subsequent meeting(s). The Board may grant temporary approval to meet emergency conditions or special events which may occur before formal action can be taken. Policy Dissemination The Board policies are available for public inspection in the District Office during regular office hours. Policy 2-240 Page 2 of 2 Administration in Policy Absence In the absence of Board policy, the Superintendent is authorized to take appropriate administrative action but shall promptly inform the Board. Suspension of Policies The operation of any Board policy not established by law or contract may be temporarily suspended by a majority vote of Board members present at a regular or special meeting. Board Policy Review and Evaluation At least once every five years, the Board shall evaluate the execution and results of its policies and consider whether any modifications are required. Board Review of Administrative Procedures The Superintendent shall notify and provide a copy to the Board of any new or modified administrative procedures. The Board retains the right to direct the Superintendent to make changes. Legal Reference: 105 ILCS 5/10-20.5 Adopted: 6/23/94 Revised: 11/20/2006 Board of Education Policy 2-250 Page 1 of 2 BOARD OF EDUCATION ACCESS TO DISTRICT’S PUBLIC RECORDS The District’s “public records” are those records and documents, regardless of physical or electronic form, pertaining to the transaction of public business and as further defined by law, including the Illinois Freedom of Information Act (“FOIA”), and the District’s FOIA Administrative Procedures. The District shall maintain and make available for inspection a reasonably current list of the types and categories of records under its control, as well as those documents that are immediately available upon request. The District shall respond to all written requests for public records as set forth in this Policy and the District’s FOIA Administrative Procedures. The Superintendent shall designate one or more employees as the District’s Freedom of Information Officer (“FOIA Officer”) to receive FOIA requests, coordinate review of the relevant information, and respond on behalf of the District in a timely manner. Each FOIA Officer shall successfully complete the required training through the Public Access Counselor’s office of the Attorney General on a timely basis. Requests to inspect and/or copy the District’s public records must be submitted in writing, and are expected to be directed to the District’s FOIA Officer. Requests are expected to specify with reasonable particularity which public records are sought to avoid inefficient use of staff time in retrieving and preparing records for inspection. Repeated requests from the same person for the same records that are unchanged or identical to records previously provided or properly denied under FOIA are deemed unduly burdensome and may be denied. If a request is for a commercial purpose, as defined in FOIA and the District’s FOIA Administrative Procedures, the requester is expected to disclose that in his or her initial written request. It is a violation of FOIA for a person to knowingly obtain a public record for a commercial purpose without disclosing that it is for a commercial purpose, if requested to do so by the District. The District shall approve the written FOIA request, unless (1) the requested document is not a “public record” as defined in FOIA and the District’s FOIA Administrative Procedures; (2) the public record is exempt by law from inspection and copying; or (3) complying with the request would be unduly burdensome. If an otherwise non-exempt responsive record contains information that is exempt from disclosure, the District will redact the information that is exempt and make the remaining information available for inspection and copying. Policy 2-250 Page 2 of 2 The Board periodically shall set fees for reproducing public records in accordance with FOIA. Such fees shall be set forth in the FOIA Administrative Procedures. In the event that a written request for access to District public records is denied, in whole or in part, the FOIA Officer shall provide the individual making the request with a written statement of the reasons for the denial and notice of the right to appeal the decision to the Public Access Counselor’s office of the Attorney General and the right to judicial review. The School Board President, FOIA Officer, Superintendent or designee shall report to the Board of Education at each regular meeting any FOIA requests as well as the status of the response(s). A list of FOIA requests and the status of the responses shall be maintained by the FOIA Officer for the previous six months. The Superintendent is authorized to develop Administrative Procedures to implement this Policy. The Superintendent and FOIA Officers shall implement this Policy in accordance with the District’s FOIA Administrative Procedures and all applicable law. Legal References: 5 ILCS 140/1 et seq. 105 ILCS 5/10-16 Adopted: 6/23/94 Affirmed: 3/20/2006 Amended: 12/14/2009 Approved: 1/19/2010 Approved: 8/23/2010 ______________________________________________________________________________ Board of Education Policy 2-250R Page 1 of 9 BOARD OF EDUCATION PROCEDURE ACCESS TO DISTRICT’S PUBLIC RECORDS The following procedures shall be applied when individuals seek access to public records under the Illinois Freedom of Information Act (“FOIA”) and District Policy 2-250: 1. Definition of Public Records. “Public records” which may be available pursuant to District Policy and these Procedures means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of the District, or as otherwise defined by applicable law. 2. FOIA Requests to be in Writing. Requests to inspect and/or copy District public records must be submitted in writing, and are expected to be directed to the District’s Freedom of Information Officer(s) (“FOIA Officer”). Requests are expected to specify with reasonable particularity which public records are sought to avoid inefficient use of staff time in retrieving and preparing records for inspection. Repeated requests from the same person for the same records that are unchanged or identical to records previously provided or properly denied under FOIA are deemed unduly burdensome and may be denied. If a request is for a commercial purpose, as defined in FOIA and Section 4.B. below, the requester is expected to disclose that in his or her initial written request. It is a violation of FOIA for a person to knowingly obtain a public record for a commercial purpose without disclosing that it is for a commercial purpose, if requested to do so by the District. 3. FOIA Officer(s). A. Designation of FOIA Officer(s). The Superintendent shall designate one or more employees to serve as the District’s FOIA Officer(s). If more than one, the Superintendent shall designate a Chief FOIA Officer and one or more Deputy FOIA Officers. B. C. Page 2 of 9 Training of FOIA Officer(s). Every FOIA Officer, including any deputies, must complete an electronic training curriculum developed by the Public Access Counselor’s office of the Attorney General by July 1, 2010. After July 1, 2010, whenever a new FOIA officer is designated, that person must complete the electronic training curriculum within 30 days after assuming the position. After the initial training, all FOIA Officers must complete an annual training program by the Public Access Counselor. FOIA Officer Duties. Upon receiving a request for a public record, the FOIA Officer shall: • • • • • • • 4. Note the date the public body receives the written request. Compute the day on which the period for response will expire (see Section 4 below) and make a notation of that date on the written request. Maintain an electronic or paper copy of each written request, including all documents submitted with the request until the request has been complied with or denied. Coordinate examination of responsive documents, notices to and followup with the Public Access Counselor, as necessary. Prepare and issue responses to requests on behalf of the District. Create a file for the retention of the original request, a copy of the response, a record of written communications with the requester, and a copy of other communications. Place and maintain a copy of all notices of denial in a single central office file that is open to the public and indexed according to the type of exemption asserted, and, to the extent feasible, according to the types of records requested. Response to FOIA Request. A. Non-Commercial Purposes. The FOIA Officer shall respond to requests for non-commercial purposes within five business days after the District’s receipt of the written request, unless the time period for response is extended in accordance with the requirements of FOIA and Section 5 below. B. Commercial Purposes. The FOIA Officer shall respond to written requests for commercial purposes within 21 business days after receipt. The response shall (i) provide an estimate of the time required by the District to provide the records requested and an estimate of the fees to be charged, which the District may require the person to pay in full before copying the requested documents; (ii) deny the request if an exemption applies; (iii) notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions; or (iv) provide the records requested. Unless the records are exempt from disclosure, the FOIA Officer shall comply with the request within a reasonable period, considering the size and complexity of the request, and giving priority to records requested for noncommercial purposes. Page 3 of 9 “Commercial purpose” means the use of any part of a public record, or information derived from public records, in any form for sale, resale, or solicitation or advertisement for sale or services. For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered to be made for a “commercial purposes” when the principal purpose of the request is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research for education. C. Format of Responsive Documents. The FOIA Officer shall provide the record in the format requested by the requester, if feasible. The FOIA Officer may direct the requester to the District’s website for access to responsive documents, unless the requester specifically requests another format of the responsive documents. 5. Extensions. If an extension of time is required, the FOIA Officer shall provide written notice to the requester of the date by which the records shall be available and the reason for the extension. Such extension notice shall be provided within five business days after the District’s receipt of the original request to inspect and/or copy public records. Extensions for non-commercial requests shall be no more than an additional five business days after the original response is due, or such longer time as agreed to in writing with the requester. Extensions are warranted if one of the following applies or if otherwise authorized by FOIA or Illinois law: • The requested records are stored in whole or in part at other locations than the office having charge of the requested records; or • The request requires the collection of a substantial number of specified records; or • The request is couched in categorical terms and requires an extensive search for the records responsive to it; or • The requested records have not been located in the course of routine search and additional efforts are being made to locate them; or • The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under FOIA or should be revealed only with appropriate deletions; or • The request for records cannot be complied with within the prescribed time limit without unduly burdening or interfering with the operations of the District; or • There is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having substantial interest in the determination or in the subject matter of the request. 6. Inspection of Public Records. Inspection of District public records not exempted from disclosure under FOIA shall be permitted during regular business hours at the District’s office. Page 4 of 9 7. Copy Charges and Waivers/Reductions. A. Fee Schedule. The Board of Education shall adopt a standard scale of fees, in accordance with FOIA and other laws. The current Fee Schedule is attached to these Administrative Procedures. B. 8. Waivers/Reductions. Public records may be furnished without charge or at a reduced charge if the individual requesting the public records states specifically the purpose for the request and the reasons that a waiver or reduction of the fee is in the public interest. Waiver or reduction of the fee may be determined to be in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety, and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit. In determining the amount of waiver or reduction, the District may take into consideration the amount of materials requested and the cost of copying them. Denials. A request may be denied when the material requested is (i) not a “public record” of the District, as defined by law; (ii) is exempt from disclosure under FOIA or any other State or federal law; or (iii) complying with the request would be unduly burdensome. A. Unduly Burdensome Requests. Requests calling for all records falling within a category shall be complied with unless compliance with the request would be unduly burdensome for the District and there is no way to narrow the request and the burden on the District outweighs the public interest in the information. Before invoking this exemption, the FOIA Officer shall extend to the requester an opportunity to confer in an attempt to reduce the request to manageable proportions. However, repeated requests from the same person for the same records that are unchanged or identical to records previously provided or properly denied under FOIA are deemed unduly burdensome under FOIA and may be denied. B. Denials based on (1) the “personal information” exemption, or (2) the “preliminary drafts” exemption. In the event the FOIA Officer intends to deny a request for public records, in whole or in part, based on FOIA’s exemptions for personal information (FOIA Section 7(1)(c)) or preliminary drafts (FOIA Section 7(1)(f)), the FOIA Officer shall, within the required time frame for a response set forth in Sections 4 and 5 above, notify the requester and the Public Access Counselor’s office of the Illinois Attorney General of the FOIA Officer’s intent to deny the request for one of these exemptions before issuing an official denial. The notice to both the requester and the Public Access Counselor shall include (i) a copy of the request; (ii) the District’s proposed response; and (iii) a detailed summary of the public body's basis for asserting the exemption. Page 5 of 9 In such event, the time for the FOIA Officer’s official response shall be tolled until the FOIA Officer receives notice that the Public Access Counselor has concluded its inquiry into the intended denial. If the Public Access Counselor concurs with the FOIA Officer’s determination that the public record is exempt from disclosure, the FOIA Officer shall prepare a denial in accordance with Section 8.C below and deliver the denial to the requester. If the Public Access Counselor disagrees, the FOIA Officer should follow the directives of the Public Access Counselor. If the District disagrees with the conclusions or directives of the Public Access Counselor, the District may consider filing a lawsuit. C. 9. Contents of Denial. In the event the FOIA Officer denies a request for access to public records, in whole or in part, for any reason, the FOIA Officer shall provide the requester with a written statement of the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, citation to supporting legal authority, which may include citation to the exemption claimed, and the names and titles or positions of each person responsible for the denial. The notice of denial shall inform the requester of the right to review by the Public Access Counselor’s office of the Illinois Attorney General and provide the address and phone number for the Public Access Counselor. The notice of denial shall also inform the requester of his or her right to judicial review in accordance with Section 11 of FOIA. Exemptions. Records exempt from disclosure include, but are not limited to: • • • Private information, unless disclosure is required by another provision of FOIA, a State or federal law, or court order. Private information is defined as unique identifiers, including a person’s social security number, driver’s license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, personal email addresses, home address, and personal license plates (except as otherwise provided by law or when compiled without the possibility of attributing such information to any person). Personal information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. An unwarranted invasion of personal privacy is defined as the disclosure of information that is highly personal or objectionable to a reasonable person and in which the person’s right to privacy outweighs any legitimate public interest in obtaining the information. Preliminary drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the District (e.g., the Superintendent). • • • • • • • • Page 6 of 9 Test questions, scoring keys and other examination data used to administer examinations. Information concerning a school’s adjudication of student disciplinary cases, but only to the extent that disclosure would unavoidably reveal the identity of the student. Records relating to the District’s adjudication of employee grievances or disciplinary cases, but not including the final outcome of cases in which discipline is imposed. Communications between the District and its attorney that would not be subject to discovery in litigation. Proposals and bids for any contract, grant, or agreement, until a final selection is made. Closed meeting minutes not yet available to the public under the Illinois Open Meetings Act. Collective bargaining documents or information, except for any final contracts or agreements. Information regarding real estate transactions until a sale is final. When a request is made to inspect or copy a public record that contains information that is exempt from disclosure, but also contains information that is not exempt from disclosure, the District must make the non-exempt information available for inspection and copying. However, the FOIA Officer may redact the exempt information from the document before making it available. 10. FOIA Information. The District shall prominently display at each of its administrative offices and on its website the following information: • • • • • A brief description of the District; A brief description of the methods whereby the public may request information and public records; A directory designating the District’s FOIA Officer(s); The address where requests for public records should be directed; and Any fees allowable under FOIA. The District shall also make the above information available for inspection and copying, and shall send such information through the mail if requested. 11. 12. Page 7 of 9 Categories of Public Records. As required by Section 5 of FOIA (5 ILCS 140/5), the FOIA Officer will maintain and make available for inspection and copying a reasonably current list of all types or categories of documents under its control. This list is attached to these Administrative Procedures. Immediately Available Documents. As required by Section 3.5(a) of FOIA (5 ILCS 140/3.5(a)), the FOIA Officer will develop a list of documents or categories of records that the District will immediately disclose upon request. This list is attached to these Administrative Procedures. Page 8 of 9 Categories of the District’s Public Records As required by 5 ILCS 140/5 The following list identifies the types of public records maintained and available for public inspection: • Administrative materials and procedural rules; • Final opinions and determinations, except for those adjudicating student disciplinary cases where the disclosure would unavoidably reveal the identity of the student, or those adjudicating employee grievances or disciplinary cases; • Final outcomes of employee grievances or disciplinary cases in which discipline is imposed; • Board of Education policies and final documents explaining or interpreting such policies; • Final reports and studies prepared by or for the District; • Information concerning expenditure of public funds, unless otherwise exempt from disclosure under FOIA; • Names, salaries, titles, and dates of employment for all District employees and officers; • Minutes of Board of Education meetings open to the public; • Information concerning grants or contracts made by the District, unless otherwise exempt from disclosure under FOIA; • All other information required by law to be made available for public inspection and copying. List of Documents or Categories of Records that the District Shall Immediately Disclose Upon Request As required by 5 ILCS 140/3.5(a) • • Board of Education policies Minutes of Board of Education meetings open to the public; Page 9 of 9 FEE SCHEDULE FOR FOIA REQUESTS Approved by the Board of Education on January 19, 2010 Unless a fee is otherwise fixed by another statute, or unless the District grants a request for a fee waiver/reduction in the public interest, as defined in FOIA, the charges associated with copies in response to FOIA requests shall be as set forth below: • No fees shall be charged for the first 50 pages of black and white, letter or legal sized copies requested. • Thereafter, a fee of $0.15 per page will be charged for each additional black and white, letter or legal sized copy. • For all other copies, including color copies, the District shall charge no more than the actual cost for reproducing the records. Color Copies $0.25 • The District may charge the requester for the actual cost of purchasing a recording medium, whether disc, diskette, tape, or other medium. • The cost for certifying a public record shall be $1. Public records may be furnished without charge or at a reduced charge if the individual requesting the public records states specifically the purpose for the request and the reasons that a waiver or reduction of the fee is in the public interest. Waiver or reduction of the fee may be determined to be in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety, and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit. In determining the amount of waiver or reduction, the District may take into consideration the amount of materials requested and the cost of copying them. Legal References: 5 ILCS 140/1 et seq. 105 ILCS 5/10-16 Adopted : 1/19/2010 Board of Education Policy 2-260 Page 1 of 3 BOARD OF EDUCATION UNIFORM GRIEVANCE PROCEDURE Students or their parents/guardians, employees, or community members may file a complaint in accordance with this grievance procedure, if they believe that the Board of Education, its employees, or agents have violated their rights guaranteed by the State or Federal constitution, State or Federal statute, or Board policy including: 1. Title II of the Americans with Disability Act; 2. Title IX of the Education Amendments of 1972; 3. Section 504 of the Rehabilitation Act of 1973; 4. Claims of sexual harassment under the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972. The complaint manager will endeavor to respond to and resolve complaints without the need to resort to this grievance procedure and, if a complaint is filed, to address the complaint promptly and equitably. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies. 1. Filing a Complaint A person (hereinafter Complainant) who wishes to avail himself or herself of this grievance procedure may do so by filing a complaint with any District complaint manager. The Complainant shall not be required to file a complaint with a particular complaint manager and may request a complaint manager of the same gender. The complaint manager may request the Complainant to provide a written statement regarding the nature of the complaint or require a meeting with the parents/guardians of Board of Education Policy 2-260 Page 2 of 3 a student. The complaint manager may assist the Complainant in filing a grievance. 2. Investigation The complaint manager will investigate the complaint or appoint a qualified person to undertake the investigation on his or her behalf. The complaint or identity of the Complainant will not be disclosed except 1) as required by law or this policy, or 2) as necessary to fully investigate the complaint, or 3) as authorized by the Complainant. The complaint manager shall file a written report of his or her findings with the Superintendent. If a complaint of sexual harassment contains allegations involving the Superintendent, the written report shall be filed with the Board which shall render a decision in accordance with Section three of this policy. The Superintendent will keep the Board informed of all complaints. 3. Decision and Appeal After receipt of the complaint manager’s report, the Superintendent shall render a written decision which shall be provided to the Complainant. In the event the Complainant is not satisfied with the decision, the Complainant may appeal the decision to the Board by making a written request to the complaint manager. The complaint manager shall be responsible for promptly forwarding all materials relative to the complaint and appeal to the Board. Thereafter, the Board shall render a written decision which shall be provided to the Complainant. This grievance procedure shall not be construed to create an independent right to a Board hearing. If the grievance is a Title IX or a Section 504 complaint, following the receipt of the decision rendered by the Board of Education, the student may appeal that decision to the Superintendent of the Educational Service Region of Cook County pursuant to Section 310 of the Illinois School Code and thereafter to the State Superintendent of Education pursuant to Section 2-3.8 of the Illinois School Code. This uniform grievance procedure does not apply to grievances which may be brought under the procedures set forth by the collective bargaining agreement. The Superintendent has designated the Director of Personnel and Communications and Assistant Superintendent for Business to implement the District’s uniform grievance procedures. Every parent, student, and employee has a right to initiate a grievance or complaint of illegal discrimination by contacting: Board of Education Policy 2-260 Page 3 of 3 _____________________________________ Complaint Manager Address and Phone Contact Information at School District 203 _____________________________________ Complaint Manager Address and Phone Contact Information at School District 203 Legal References: Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. Americans with Disabilities Act, 42 U.S.C. para 12101 et seq. Equal Pay Act, 29 U.S.C. § 206(d) Immigration Reform and Control Act, 8 U.S.C. § 1324a, et seq. Rehabilitation Act, 29 U.S.C. 791, et seq. Title VII of Civil Rights Act, 42 U.S.C. § 2000e, et seq. Title IX of the Education Amendments, 20 U.S.C. § 1681, et seq. 775 ILCS 5/1-101, et seq. 105 ILCS 5/10-20.7a, 5/10-22.5, 522/-19, 5/24-4, and 5/27.1 23 Ill. Admin. Code § 1.240 and § 200-40 Adopted: 6/23/94 Revised: 3/20/2006
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